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Westchester Child Support Attorney Archives

Should i cancel the child support order?

Q:Child support is only mandating the father pay $25 per kid a month we have 2, so that 50 he doesn't even keep up with because he doesn't like being mandated by the court & he swears he would do more if he wasn't obligated. My expenses are way over 50 a month i really cant do anything with that anyway should i just take him off? 

Original divorce agreement stated that we are deviating from income requirement for child support ?

Q: that was in July 2018, ex reports very low income (35K, dentist, and signed for 7,200 child support), in Nov 2018 he went to court requesting adjustment to 3K, and he adjusted income to 130K, and I agreed. Now he is taking me to court requesting adjustment based on new tax returns claiming 106K....Can the deviating from income still stand? to require him to still pay the 3K (I had a verbal agreement with him at the divorce to not request alimony, and I was tricked into this)....I have an email from him to my lawyer, saying that he keeps reported income law and have the business pay for his expenses to avoid paying too much taxes..and I have emails from him telling me that if I don't reconcile that 3K will not last and that he will change his tax returns...can any of that be used? 

Is there a limit to how much a person has to pay in child care?

Q: I pay around $2100 a month for child support and pay 82% of childcare. It comes out to $200 a week for a morning sitter and $35 a day for an after school program ($75 a day). She works before school for 3 hours and 2 hours after school but is home all day. I also pays 50% of all activities. I am left with around $250 a week to live on. This just does not seem fair. Can anything be done? 

Can my ex become the non custodial parent if I am now making more money and have 50/50 custody in NYS?

Q: My ex-husband just petitioned to dismiss his weekly obligation and receive child support since he learned that I now make more than him. When our original child support order was decided in 2014, I was making $42,000 and he was making $55,000. I now have a better paying job and is making $11,000 more than him. Can my increase in income cause me to pay him child support? We have a true 50/50 custody schedule and I'm worried that I will no longer receive child support and pay him instead! Can this really happen?

Family Court ordered to exchange financial affidavit within 10 days. My ex never sent me his affidavit?

Q: At family court two weeks ago, the judge ordered my ex and I to exchange financial information within 10 days. I filed to increase child support. My ex never sent me his information. Do I need to file a violation petition with the court? Also, why does the court order for us to send each other the information instead of exchanging the information at the hearing?

Can buying a new house and car be a reason to increase child support in nys?

Q: My ex and I share joint custody of our two kids. We alternate each week and have the same salary (we are both teachers in the same school district). when my ex and i separated, my income was slightly higher then and was ordered to pay my ex child support. Now that we have similar incomes, my ex is fighting my petition to dismiss my child support. My ex also bought a new home and car and is now claiming that she needs more money since she the car and new home are more than her last house and car. Can buying a new house and car be a reason to deny my petition and increase child support?

Can a Child Support Order be contested after 30 days?

Q: My ex filed a violation support petition but did not include copies of the extra curricular and health insurance premiums she claims is still owed. At the hearing, the judge instructed my ex to provide copies of the forms within a certain time frame but she never did. I received the order and the judge found that I am still responsible despite never receiving the copies. Is it possible to dispute the order a few months after the hearing and receiving the order?

Original divorce agreement stated that we are deviating from income requirement for child support?

Q: that was in July 2018, ex reports very low income (35K, dentist, and signed for 7,200 shild support), in Nov 2018 he went to court requesting adjustment to 3K, and he adjusted income to 130K, and I agreed. Now he is taking me to court requesting adjustment based on new tax returns claiming 106K....Can the deviating from income still stand? to require him to still pay the 3K (I had a verbal agreement with him at the divorce to not request alimony, and I was tricked into this)....I have an email from him to my lawyer, saying that he keeps reported income law and have the business pay for his expenses to avoid paying too much taxes..and I have emails from him telling me that if I dont reconcile that 3K will not last and that he will change his tax returns...can any of that be used?

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